Terms of Use

Thank you for using HASpod.

Please read these terms carefully. By using HASpod or signing up for an account, you’re agreeing to these terms. This is a legal agreement.

These terms are a legal agreement between you and Darley PCM Ltd for use of the HASpod.com service ("the service", "the website"). "We" and "us" refers to Darley PCM Ltd. "You" refers to any individual who uses the website, or creates an account, or, if the service is being used on behalf of an entity by an individual authorised to agree to such terms on behalf of such entity, then "you" refers to such entity. If you are accessing the service on behalf of your employer, you represent and warrant that you have the authority to agree to these terms on its behalf. If you do not agree with the terms of this agreement, do not use the service. If you have any questions about our terms, feel free to contact us.

Account


In order to use the service, you must: be at least eighteen (18) years old and able to enter into contracts, complete the registration process, agree to the terms and provide true, complete, and up to date contact information.

By using the website and / or the service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the service in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time.

In order to use the service, you must have a valid account. To acquire an account for the service, you must provide us with an electronic mail address and other account information requested. You are responsible for maintaining the confidentiality of the access data for your account, and are fully responsible for all activities that occur under your account.

One person or legal entity may maintain no more than one account.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid team membership plan account may create separate logins for as many users as its subscription allows. Each account must only be used by one person.

The number of users must not exceed the number of accounts you've ordered from us.

You agree to (a) immediately notify us of any unauthorised use of your account or any other breach of security, and (b) ensure that you exit (log out) from your account at the end of each session. we cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

In consideration of use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. We assume no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).

Content


We work to keep the information provided by the service up to date. The service information and website content is provided 'as is' and we make no representation, endorsement or warranty as to its accuracy. We update the content on the website from time to time, but its content is not necessarily complete or up to date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable for any action taken (or not taken) in reliance upon the website information and such action is taken entirely at your own risk.

The content provided is not intended to and does not constitute legal advice or recommendations under any circumstance.

We reserve the right to make any changes to the content of the service without notice and without liability to you. External websites to which we provide hypertext links are not under our control and we take no responsibility for them and shall not be liable in any way for their content. We do not accept any responsibility for, or liability in respect of, any information which appears on this website as a result of unauthorised actions.

Permitted Use


You are granted the right to use the service for your own personal and / or your business purposes. You may not reproduce, disassemble, or create derivative works based upon the whole or specified parts of the service.

You agree to protect the service from unauthorised use, reproduction, or distribution.

You will not sell any part of the service to third parties. You will not distribute any content or other materials to third parties for sale or resale whether as part of a package or as a separate product, and you will not rent, lease, sub-licence or loan any parts of the service to third parties.

Each user (being an individual person) must have their own HASpod account to access the service, with their correct name and email details. Sharing of accounts is forbidden.

You will notify us of any known or suspected unauthorised use including unauthorised use or theft of your log in or registration information.

We reserve the right to modify, add or remove content, features and functionality of the service at our sole discretion.

Your account access is limited to one single business - being a limited company, partnership or sole trader. Groups of companies, franchises, multiple branches or umbrella businesses must each purchase separate membership plans for each end user to benefit from the service. Over usage will result in automatic account suspension.

Team plans may only add the number of users ordered (with 20% replacement rate per year to allow for staff turnover). You will need to contact support if this limit is reached and may need to upgrade your plan for the required number of users.

Where you are permitted to upload files, or other content to the service, you may only upload content and or files of the type expressly permitted. The service may not be used as a 'file sharing' service. Over usage will result in automatic account suspension.

Support requests may only be made specific to the service and / or content provided. Support requests relating to other matters are beyond the scope of the service.

Access to the service may be interrupted due to routine site maintenance or by actions beyond our control such as acts of God and equipment failure.

You acknowledge that the use of the service is for your personal and business use only. Multi-use configurations or network distribution of content or the service is expressly prohibited.

Any use of the service in a manner not expressly authorised by these terms constitutes copyright infringement, entitling us to exercise all rights and remedies available under this agreement and/or any applicable copyright or other laws.

Abuse or excessive use of the service may result in the temporary or permanent suspension of your account. We, in our sole discretion, will determine abuse or excessive usage. We will make a reasonable attempt to warn you via email prior to suspension.

You may not assign, transfer or sublicense any of your rights or obligations under this agreement.

Liability


The content and templates provided to you as part of the service need to be adapted to meet your requirements. We use all reasonable efforts to keep the service up to date, however we make no representations about the suitability, reliability, availability and accuracy of the information provided.

The service does not offer legal or custom health and safety advice. We are not acting as your health and safety advisors or consultants, and your use of the information provided does not create a client-consultant relationship with HASpod.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the service. We and our team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the service the month before.

We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the service or from errors or deficiencies in any part of it.

It remains your responsibility to ensure that any content acquired as part of the service is appropriate and complete in all respects for its intended purpose. We give no warranty that such material will be fit for its intended purpose.

No liability shall attach to HASpod for loss or damage of any nature suffered as a result of the use of the service or for any errors or omissions in the contents.

You acknowledge that the information and content provided by the service are not intended to replace legal or other professional advice and that we strongly advise that such advice be sought in all cases where such advice is necessary or appropriate and particularly in any circumstances where you are in any way unsure about the legal aspects of the service, content, or related matters.

You assume sole responsibility for adapting any information, templates, documents created from use of the service, and for ensuring that they meet your needs.

Support, information and guidance provided by the service is for the account holder only, and not for third party use in any circumstances.

You agree to indemnify and hold us and our team harmless from any losses, including legal fees that result from any claims you make that aren’t allowed under these terms. You also agree to indemnify and hold us harmless from any losses, including legal fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these terms.

If we file an action against you claiming you breached these terms, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.

Payment


Anyone using a credit or debit card, or otherwise ordering a paid membership plan, product or service, represents and warrants that they are authorised to use that card and place the order, and that any and all charges may be billed to that payment and won't be rejected.

The credit or debit card or other payment method you provide as part of the billing data will be automatically and immediately billed on the day you sign up for a paid membership plan. All plans are charged per annum.

Your plan will automatically cancel at the end of the active billing year, unless you choose to renew your plan for an additional year. We will not renew your account automatically, so you can stay in control of your renewal.

By completing payment, you give express consent for immediate access to to service and digital content provided. The right to cancel the contract will be lost as soon as access is provided (once payment is completed).

We'll refund any prepaid months if we stop providing the service to you for a reason that's not laid out in these terms. You won't be entitled to a refund from us under any other circumstances.

Digital content as provided by the service is not returnable once access is granted via your account, and therefore we are not able to offer refunds. If you're having trouble using your account, please contact us for technical assistance.

Your membership is not set for auto-renewal, you must continue to pay all fees that come due during the remainder of your membership.

We may change our fees at any time by posting a new pricing structure to our website and/or sending you a notification by email.

Termination


If your payment is overdue, we will disable your access to the service.

Upon expiration or termination of any membership period, you may not use, reproduce, distribute, transfer or otherwise make available or create derivative works of the service or content provided. In addition, upon expiration or termination of any membership or access period, you may not use, reproduce, distribute, transfer, sell, license or otherwise make available any derivative works of any content provided by the service. The terms of this agreement will continue to apply.

We may, at our sole discretion, at any time and for any reason, terminate the service, terminate this agreement, or suspend or terminate your account. In the event of suspension or termination, your account will be disabled and you may not be granted access to your account or any files or other content (including user content) contained in your account, and we may delete your content, although residual copies of information may remain in our system for some time for back-up purposes.

Security


If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the service using your account details, email, password or other security information.

The account holder is solely responsible for their use of the service, including securing the account authentication credentials, systems and devices used to access the service, and backing up their data.

You agree to notify us immediately of any unauthorised access to or use of your account or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

You are responsible for maintaining the security of your account and password. HASpod will not be liable for any loss or damage from your failure to comply with this security obligation.

Modifications


We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the service.

We may change any of the terms by posting revised terms on our website and/or by sending an email to the last email address you gave us. The new Terms will apply to any continued or new use of the service. We may change the website, the service, or any features of the service at any time.

Indemnity


You agree to indemnify, defend and hold harmless Darley PCM Ltd, its affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all third party claims, liability, damages and / or costs (including, but not limited to, legal fees as and when incurred) arising from your use of the service, your use of your account, your violation of these terms or the infringement or violation by you or any other user of your account, of any intellectual property relating to the service (including without limitation your user content) or other right of any person or entity.

You agree to indemnify and hold us and our team harmless from any losses, including legal fees that result from any claims you make that aren’t allowed under these terms. You also agree to indemnify and hold us harmless from any losses, including legal fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these terms.

If we file an action against you claiming you breached these terms, we’re entitled to recover reasonable legal fees and any damages or other relief we may be awarded.

Law and Jurisdiction


This agreement is governed by the laws of England and Wales. Any dispute relating to this agreement shall fall within that jurisdiction.

If we don't immediately take action on a violation of these terms, we’re not giving up any rights under the terms, and we may still take action at some point.

Communications


We use email and other electronic means to stay in touch with our users, for support and to keep you up to date with new features and information related to the service.

For contractual purposes, you consent to receive communications from us in an electronic form to the email address you have submitted or via the service.

You agree that all terms of use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.

HASpod offers support via email and live chat. We do not provide telephone support.

Privacy


To enable you to use our service, we need to process some data that is personal, like your IP-address, your email address, your name and business name. Processing this data is necessary to provide the service and related technical support, in order to enter into, and to take steps prior to enter into a contract.

We take your trust and privacy very seriously and therefore aim to process as little personal data as necessary. "Personally identifying information" is information that individually identifies you, such as your name or email address. We use the data we collect to communicate with you, provide you with the service and support, and to help us improve our services.

If you create a HASpod account, we use your email address to create your account, for security so you can reset your password, and to contact you about the service and for support. We use your name for your results and records, and if you are on a team plan, so other people in your team can identify you.

We will primarily use this data for sending you requested information and for improving our services. We won't sell your personal data to third or affiliate parties. By using our service, you are entering into a contract with the service, and agree to our privacy policy.

All of our online payment methods are processed with bank grade security and industry standard encryption, we do not store or retain financial information once a transaction has been processed. Payments are processed by Stripe Payments Europe or PayPal (Europe). We do not handle your payment data and only use the last 4 digits of your card number for reference purposes.

A cookie is a small file that is written to your temporary internet files folder or browser cache which logs your session when you log in and use the service. We need to use cookies for security reasons in order to validate an individual user session, to provide the service and support, and to improve the service. These cookies are not used for any other purpose.

We do not rent or sell any personally identifying information to other companies or individuals. We restrict access to your personally identifying information to our staff and the processing of our service only, in order to operate, develop or improve our service.

We will enable you to delete your data in a manner consistent with the functionality of the service. As the data we collect is necessary to provide the service and access to your account, removal of this data (including your email address and name) will require you to delete your HASpod account.

Disclaimer


Whilst this site has been compiled in good faith, we make no warranty or representation to you that the use of this website and / or service will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. We and all other web publishers have limited control over the internet, which is a global public network of computers and the method by which you access this website and / or service.

As a consequence we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through this website, however we do take security seriously and take reasonable steps to protect the security of this website.

Entire Agreement


These terms, our privacy policy, acceptable use policy (where applicable), and any additional terms you’ve agreed to by turning on specific features ('additional terms') make up the entire agreement and supersede all prior agreements, representations, and understandings.

Any additional terms will be considered incorporated into these terms when you activate the feature. Where there's an express conflict between these terms and the additional terms, the additional terms will control.